Most drivers in Texas understand what to do if they are involved in car accidents on public roads or highways: exchange insurance information, take pictures and go to the hospital. A car accident on private property, however, is a special case that may require unique actions. Liability (financial responsibility) for a car accident on private property may not follow the same rules and regulations that apply to typical car accident cases.
There are similarities and differences between car accidents on public and private properties. Many of the same common crash causes apply to both types of accidents. Driver mistakes such as driving distracted, speeding and not paying attention, for example, are the top causes of car accidents everywhere. However, private properties can contain unique risks that increase the odds of a vehicle collision, such as:
The steps that you should take after a car accident on private property are different from an accident on public property. The police cannot give you an accident report, as they do not have jurisdiction over a private roadway. You can still dial 911, however, and request an incident report. This is a less official report that could still document the crash. The police officer may or may not be able to give you an incident report. If not, request one from the owner of the property. If you are injured, call first responders to request an ambulance.
Look around and gather any potential evidence. This may include photographs of the crash, the names of those involved and any eyewitnesses, and footage from a surveillance camera installed on the property. If you have injuries, medical expenses or property damage, it will be up to you or your car accident lawyer to prove someone else is at fault. This is the only way to obtain financial compensation if you do not have first-party car insurance available, such as collision or comprehensive coverage.
The party that is liable for your private property car accident will depend on the cause of the crash. If another driver caused your wreck, he or she may pay for your losses. Other liable parties could include the owner of the private property or a social host, if that person knowingly gave alcohol to someone underage or visibly intoxicated. You may need to hire an attorney for a professional investigation to determine liability. When you are ready to make an insurance claim for a car accident on private property, an experienced attorney can assist you with the legal process.